ADHAR CH. RAY Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 22.04.2008, passed, in Sessions Case No. 103 of 2006, by the learned Sessions Judge, Kokrajhar, convicting the accused-appellant, Adhar Ch. Ray, under Sections 323 and 302 IPC, and sentencing him, for his conviction, under Section 302 IPC, to suffer imprisonment for life and pay fine of Rs. 5,000/- and, in default of payment of fine, suffer rigorous imprisonment for 6 (six) months and also to undergo, for his conviction, under Section 323 IPC, rigorous imprisonment for 1 (one) year, both the sentences having been directed to run concurrently. The case of the prosecution, as surfaced at the trial, may, in brief, be described as under:

(2.) During the course of investigation, inquest was held over the said dead body, which was also subjected to post-mortem examination. The Police visited the place of occurrence and arrested the accused, who was later, on remanded to the judicial custody. On completion of investigation, police laid charge-sheet, under Sections 302/323 IPC, against the accused, Adhar Ch. Ray.

(3.) At the trial, when charges, under Sections 302 and 323 IPC, were framed against the accused, he pleaded not guilty thereto.